343.50(5)(a)1.1. Except as provided in
subds. 2. and
3., the fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under
sub. (10) shall be $18.
343.50(5)(a)2.
2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
343.50(5)(a)2.a.
a. The department has canceled the applicant's valid operator's license after a special examination under
s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.
343.50(5)(a)2.b.
b. The department has accepted the applicant's voluntary surrender of a valid operator's license under
s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.
343.50(5)(a)3.
3. The department may not charge a fee to an applicant for the initial issuance, renewal, or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.
343.50(5)(b)
(b) Except as provided in
par. (c) and
s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.
343.50(5)(c)
(c) Except as provided in
s. 343.165 (4) (c) and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under
s. 343.14 (2) (es) shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under
par. (b), whichever date is earlier. If the documentary proof as provided under
s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the period specified in
par. (b) except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in
s. 343.14 (2) (es) 4. to
7., the card shall, subject to
s. 343.165 (4) (c), expire one year after the date of issuance or renewal.
343.50(5m)
(5m) Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under
sub. (10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under
sub. (5) (a) 2. or
3. or
(7).
343.50(6)
(6) Renewal notice. At least 30 days prior to the expiration of an identification card, the department shall provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address or, if desired by the card holder, by any electronic means offered by the department. If the card was issued or last renewed based upon the person's presenting of any documentary proof specified in
s. 343.14 (2) (es) 4. to
7., the notice shall inform the card holder of the requirement under
s. 343.165 (4) (c). The department shall include with the notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under
s. 343.175. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.
343.50(7)
(7) Duplicate. The fee for a duplicate card is $6 except that, if the card holder satisfies the requirements for an applicant specified in
sub. (5) (a) 3., there is no fee for a duplicate card.
343.50(8)(a)(a) The department shall maintain current records of all identification card holders under this section in the same manner as required under
s. 343.23 for operator's licenses. For each identification card applicant, the record shall include any application for an identification card received by the department, any reinstatement or cancellation of an identification card by the department, the information in all data fields printed on any identification card issued to the applicant, a record of the date on which any verification specified in
s. 343.165 (1) and
(3) was completed, and all documents required to be maintained under
s. 343.165 (2) (a). The department shall maintain the digital images of documents specified in
s. 343.165 (2) (a) for at least 10 years. Records under this paragraph shall be maintained in an electronic and transferable format accessible for the purpose specified in
par. (c) 1.
343.50(8)(b)
(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, a procurement organization as provided in
sub. (4m) (a), the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs for which disclosure is authorized under
s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under
s. 49.22 (2m) by the department of children and families or a county child support agency under
s. 59.53 (5).
343.50(8)(c)1.1. Notwithstanding
par. (b) and
ss. 343.027,
343.14 (2j), and
343.237 (2), the department shall, upon request, provide to the driver licensing agencies of other jurisdictions any record maintained by the department of transportation under this subsection, including providing electronic access to any such record.
343.50(8)(c)2.
2. Notwithstanding
par. (b) and
s. 343.14 (2j), the department may, upon request, provide to the department of health services any applicant information maintained by the department of transportation and identified in
s. 343.14 (2), including providing electronic access to the information, for the sole purpose of verification by the department of health services of birth certificate information.
343.50(8)(c)4.
4. Notwithstanding
par. (b) and
s. 343.14 (2j), the department may, upon request, provide to the department of revenue any applicant information, including social security numbers, maintained by the department of transportation and identified in
s. 343.14 (2), including providing electronic access to the information. Any information obtained by the department of revenue under this subdivision is subject to the confidentiality provisions of
s. 71.78.
343.50(10)
(10) Cancellation. The department shall cancel an identification card under any of the following circumstances:
343.50(10)(a)
(a) Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter.
343.50(10)(b)
(b) Whenever the department determines that an identification card has been altered and returned for cancellation under
s. 343.43 (2).
343.50(10)(c)
(c) Whenever the department receives information from a local, state, or federal government agency that the card holder no longer satisfies the requirements for issuance of a card under
ss. 343.14 (2) (es) and
343.165 (1) (e). A card cancelled under this paragraph may not be reinstated under
sub. (5) until these requirements are again satisfied.
343.50(11)
(11) Surrender of card upon cancellation. The department may order any person whose identification card has been canceled to surrender the card to the department. The department may take possession of any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.50(12)(a)
(a) Represent as valid any canceled, fictitious or fraudulently altered identification card;
343.50(12)(b)
(b) Sell or lend his or her identification card to any other person or knowingly permit the use thereof by another;
343.50(12)(c)
(c) Represent as one's own, any identification card not issued to him or her;
343.50(12)(d)
(d) Permit any unlawful use of an identification card issued to him or her;
343.50(12)(e)
(e) Reproduce by any means whatever an identification card; or
343.50(13)
(13) Penalty. Any person who fails to comply with an order under
sub. (11) or who violates
sub. (12) may be required to forfeit not more than $1,000.
343.50 History
History: 1977 c. 360,
447;
1979 c. 226,
306;
1981 c. 20 s.
1848r;
1985 a. 29,
98;
1987 a. 27,
304;
1989 a. 105,
294,
298;
1991 a. 86,
269;
1995 a. 446;
1997 a. 27,
119,
191;
1999 a. 9,
32,
80,
85,
88,
186;
2001 a. 93;
2003 a. 33;
2005 a. 126;
2007 a. 20 ss.
3374 to
3390,
9121 (6) (a);
2007 a. 106;
2009 a. 28,
180;
2011 a. 23,
32,
75;
2013 a. 17,
20,
173.
343.50 Annotation
To require payments to government agencies for documents necessary to obtain Department of Transportation (DOT) photo identification cards for voting would severely burden the right to vote because it would condition that right on payment to a government agency. The exercise of discretion by DOT requires the issuance of photo identification cards for voting without requiring documents for which a fee continues to be charged by a government agency. Milwaukee Branch of the NAACP v. Walker,
2014 WI 98, ___ Wis. 2d ___,
851 N.W.2d 337,
12-1652.
343.51
343.51
Special identification cards for physically disabled. 343.51(1)(1) Any person who qualifies for registration plates of a special design under
s. 341.14 (1),
(1a),
(1m), or
(1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle parked by, or under the direction of, the person, or a motor vehicle operated by or on behalf of the organization when used to transport such a person, to parking privileges under
s. 346.50 (2),
(2a), and
(3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, public health nurse, physician assistant, podiatrist, chiropractor, or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.
343.51(1m)(a)(a) The form for application for a special identification card under
sub. (1) shall include the information required under
s. 85.103 (2) and shall advise the applicant of the requirement under
par. (b).
343.51(1m)(b)
(b) If the department issues to a person a special identification card under
sub. (1), the person shall retain, for the period during which the special identification card is valid, any statement specified in
sub. (1) submitted by the person to the department in support of the application. Any time that a special identification card issued under
sub. (1) is displayed on a vehicle, the person issued the special identification card shall carry on the person or in the vehicle a copy of this statement and shall, upon request by any traffic officer, produce the statement for inspection.
343.51(2)(a)(a) Subject to
sub. (2m), the department shall prescribe the form and size of identification cards issued under this section and shall promulgate rules regarding the issuance and use of the cards. The identification cards shall be designed and displayed so as to enable law enforcement officers to determine that the vehicle, when parked, is entitled to parking privileges under
s. 346.50 (2),
(2a) and
(3), but shall not be unnecessarily conspicuous when the vehicle is operated. Except as provided in
par. (b), special identification cards shall be valid for 4 years.
343.51(2)(b)
(b) The department shall issue special identification cards which are valid for limited periods of time if the statement required by
sub. (1) indicates that the applicant's disability is temporary.
343.51(2)(c)
(c) At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The application shall include all of the information required for issuance of a special identification card under
sub. (1). The fee for a renewal identification card shall be the fee established by the department under
sub. (1). Except as provided in
par. (b), each card shall be valid for 4 years.
343.51(2m)(a)(a) The department may issue only one special identification card under this section to an applicant unless the applicant requests in the application, or subsequently in writing, a 2nd card.
343.51(2m)(b)
(b) The department shall provide by rule for the issuance of special identification cards to replace special identification cards that have been lost or destroyed.
343.51(3)
(3) The department shall disseminate information to all applicants for a special identification card under
sub. (1) relating to the parking privileges granted under
s. 346.50 (2),
(2a) or
(3) and their right to request enforcement of
s. 346.505.
343.51 Cross-reference
Cross-reference: See also ch.
Trans 129, Wis. adm. code.
343.52
343.52
Unlawful use of special identification cards. 343.52(1)(1) Any person or organization who does any of the following may be required to forfeit not less than $50 nor more than $300:
343.52(1)(a)
(a) Lends to another a special identification card issued under
s. 343.51, knowing that the person borrowing the card is not authorized by law to use it.
343.52(1)(b)
(b) Displays a special identification card issued under
s. 343.51 upon a vehicle that is not authorized by law to have the card displayed thereon or otherwise fraudulently uses a special identification card issued under
s. 343.51 to the person or organization.
343.52(1)(c)
(c) Knowingly provides information that is false or misleading in any material respect on an application for a special identification card under
s. 343.51.
343.52(1)(d)
(d) Knowingly provides information that is false or misleading in any material respect in a statement specified in
s. 343.51 (1) submitted in support of an application for a special identification card under
s. 343.51.
343.52(1m)
(1m) Any person or organization that does any of the following shall forfeit not less than $200 nor more than $500:
343.52(1m)(a)
(a) Fraudulently procures, makes, alters, reproduces, or duplicates a special identification card issued under
s. 343.51, except as authorized by the department.
343.52(1m)(b)
(b) Fraudulently uses a special identification card issued under
s. 343.51 that was not issued to the person or organization by the department.
343.52(1r)
(1r) Any person who violates
s. 343.51 (1m) (b) may be required to forfeit not more than $10, except that a person charged with violating
s. 343.51 (1m) (b) may not be convicted if he or she produces the statement in court or in the office of the officer issuing the citation, within 10 days after the date on which the citation is issued.
343.52(2)
(2) The department shall cancel the special identification card of any person or organization who violates
sub. (1) or
(1m). The department may order a person or organization whose identification card has expired or has been canceled to surrender the card to the department. The department may take possession of any expired identification card or any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.52(3)(b)(b) A member of a disabled parking enforcement assistance council under
s. 349.145 who observes a violation of this section may prepare a written report indicating that a violation has occurred. The report shall contain, if applicable, the time and location at which the violation occurred, and any other relevant information relating to the violation.
343.52(3)(c)
(c) Within 24 hours after observing the violation, the member may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in
par. (b) shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
343.52(3)(d)1.1. Within 48 hours after receiving a report containing all of the information in
par. (b) and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under
s. 345.11 for the violation and may personally serve it upon the person or organization.
343.52(3)(d)2.
2. If with reasonable diligence the person or organization cannot be served under
subd. 1. or if the person or organization lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the person's or organization's last-known address.
LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS
Subch. VI of ch. 343 Cross-reference
Cross-reference: See also ch.
Trans 105, Wis. adm. code.
343.60(1)
(1) "Driver school" means a business that gives instruction, for compensation, in the operation of motor vehicles, except that it does not include any of the following:
343.60(1)(a)
(a) A high school or technical college that teaches driver training as part of its regular school program and whose course of study in driver training meets the criteria for a driver education course under this chapter has been approved by the department of public instruction or technical college system board.
343.60(1)(b)
(b) An institution of higher learning that teaches driver training as part of its teacher training program.
343.60(1)(c)
(c) A motorcycle training school that offers a basic or experienced rider training course approved by the department.
343.60(1)(d)
(d) Any driver training school that offers training exclusively in the operation of vehicles designed and manufactured for off-highway operation.
343.60(1g)
(1g) "Driver school classroom" means any facility that is approved by the department and used to conduct driver training, but does not include a motor vehicle.
343.60(1m)
(1m) " Driver school office" means the location at which the driver school business is conducted and approved by the department. "Driver school office" does not include any facility used only as a driver school classroom.
343.60(2)
(2) "Fraudulent practices" includes, but is not limited to:
343.60(2)(a)
(a) Any conduct or representation tending to give the impression that a license to operate a motor vehicle or any other license, registration or service granted by the secretary or department may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or improper means; or
343.60(2)(b)
(b) The requesting, accepting, exacting or collecting of money for such purpose.
343.60(3)
(3) "Instructor" means any person who is employed by a driver school licensed under this chapter and who, for compensation, gives instruction in the operation of a motor vehicle.
343.61
343.61
Driver school requirements. 343.61(1)
(1) The department shall issue and renew driver school licenses in conformity with the requirements of this subchapter. No person may operate a driver school, advertise, solicit bids for business, or provide services unless the person holds a valid driver school license issued by the department.
343.61(2)(a)(a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:
